Can I File a Claim If I Was Partially at Fault?
If you have suffered injuries after an accident in Dyer, IN, you may be able to claim compensation. A personal injury lawyer can help you file a claim to recover your losses. This can include economic losses as well as pain, suffering, and other non-economic damages. However, if you were partially at fault for the accident, different rules may apply that reduce the amount of damages you can claim.
What Happens If I Am Partially at Fault for an Accident?
Indiana follows modified comparative negligence laws that permit compensation claims for anyone found to be less than 51% at fault. This is often referred to as the “51% rule.”
If you are found to be 51% or more at fault, you will not be able to file a claim for damages, regardless of how serious your injuries may be. At the start of a claim, you will not know what percentage of fault will be attributed to you. For this reason, it’s essential to consult an experienced attorney who can help prove the other party bears greater responsibility.
If you have been injured in Merrillville, IN, you will need a personal injury attorney to give you the best chance of securing fair compensation. An attorney can carry out investigations to ascertain liability as well as filing a claim with an insurance company. If no settlement can be agreed, a lawsuit will be required which may involve mediation or a full trial. An attorney can assist with all steps of this process to present a strong case.
Gather Evidence
If you are seriously injured, you may not be able to collect any evidence when the accident occurs. However, if you are able, it’s advisable to get as much information as possible from the scene of the accident. This could include photos and video footage, as well as details of any eyewitnesses.
A personal injury can be life-changing, leaving you to grapple with both physical and psychological challenges. As a result, you may feel unable to face making a claim immediately. A personal injury lawyer can provide invaluable assistance, but it’s vital to contact one before the deadline expires. Below, we examine the time limits for filing a claim in Dyer, IN along with any applicable exemptions.
How Long Do I Have to File a Personal Injury Lawsuit in Dyer, IN?
The statute of limitations is the legal term used to describe how long you have to file a lawsuit. In Indiana, personal injury claims must usually be filed within two years of the injury occurring.
If your claim is against an Indiana government agency, the deadline is significantly shorter. The Indiana Tort Claims Act takes precedence over the usual rules and only allows 270 days to make a claim. This period is shortened further to 180 days for any claim against a government political subdivision.
If you have been injured in an accident or incident in Dyer, IN that wasn’t your fault, you could be entitled to compensation. An experienced personal injury attorney like those in our Indiana office can provide you with personalized advice.
Gather As Much Evidence As You Can
In a personal injury claim, the more evidence you can gather, the better. Your attorney can disregard anything they don’t need, so don’t be afraid to collect every detail available. The types of evidence you might want to gather could include the following:
If you’ve suffered an injury in Dyer, IN, one of the toughest challenges you’ll face is dealing with insurance companies. Insurers work aggressively to minimize payouts, often at the expense of injured victims. Knowing your rights and understanding how to negotiate a fair settlement is crucial for protecting your financial future.
At Tanzillo Stassin & Babcock, P.C., our experienced personal injury lawyers help clients throughout Northwest Indiana, including Dyer, navigate the complexities of insurance claims and negotiations. Our local knowledge and legal experience can level the playing field against powerful insurance companies.
Properly Evaluating Your Personal Injury Claim
A successful insurance claim begins with a thorough and honest evaluation of all your damages—including medical bills, lost wages, pain and suffering, and any long-term impacts. Insurers frequently offer quick settlements hoping you’ll undervalue your own losses.
Make sure to include all expenses (immediate and future). An experienced Dyer personal injury attorney can help you calculate the true value of your claim and ensure nothing is overlooked, especially the long-term effects that often get missed.
Gathering and Preserving Evidence
Strong evidence is the backbone of a successful insurance claim. Your attorney will help you collect and organize crucial evidence, such as:
- Police and medical reports
- Photos of injuries and accident scenes
- Witness statements
- Documentation of expenses and lost income
Learn more about car accident evidence collection
Effective Communication with Insurance Adjusters
Insurance adjusters are trained to ask questions that can weaken your claim. They may pressure you to give a recorded statement or to admit partial fault.
Never admit fault or provide a recorded statement without legal counsel. Let your attorney handle all communications to avoid saying something that could be used against you later.
How to Negotiate a Cash Settlement with an Insurance Company
Negotiation is a critical step that can dramatically affect your settlement amount. Here’s how to approach it strategically:
- Set a Realistic Settlement Goal: Calculate your damages and decide on a minimum acceptable amount before negotiations start.
- Don’t Accept the First Offer: Initial offers are usually low. Politely decline and ask for a detailed explanation of how they arrived at that figure.
- Support Your Claim with Documentation: Provide clear, organized evidence for every claimed expense.
- Stay Professional and Persistent: Keep communications businesslike and keep records of all correspondence.
If you feel overwhelmed, consult an experienced attorney in Dyer, IN—having a legal professional negotiate for you often results in higher settlements.
How to Negotiate Reimbursement Rates with Insurance Companies
If you’re facing reimbursement challenges for medical bills or other costs:
- Review your policy so you understand your coverage.
- Be ready to appeal if your claim is denied or underpaid; request written reasons and use that information to build your appeal.
- Present comparable data using documentation of market rates or other settlements to support your case for fair reimbursement.
Negotiating reimbursement rates can be complex—legal guidance is strongly recommended.
Navigating Legal Procedures and Deadlines
Missing a filing deadline or required document can jeopardize your entire claim. Your attorney will ensure:
- All paperwork is submitted accurately and on time
- You meet all Indiana-specific statutes of limitations (generally two years for personal injury claims)
Avoiding Common Mistakes When Dealing with Insurers
Victims often make these critical mistakes:
- Admitting fault or apologizing
- Settling too quickly
- Exaggerating or being dishonest
- Posting on social media about the accident or your injuries
- Failing to seek timely medical care
An attorney can help you sidestep these traps and maximize your settlement.
What to Do Immediately After an Injury Accident in Dyer, IN
- Ensure safety and move to a safe place if possible.
- Report the incident to the police.
- Document everything—take photos and get witness information.
- Seek medical attention, even for minor injuries.
- Consult a local attorney before talking to insurance companies.
See our full Car Accident Checklist
What Makes Dyer, IN Insurance Claims Unique?
- Indiana’s comparative fault rules affect how much compensation you can recover.
- Local carriers may have different practices than national brands.
- Local attorneys often have access to better local expert witnesses and medical providers.
Frequently Asked Questions
How long do I have to file a personal injury claim in Indiana?
Indiana law typically gives you two years from the date of your injury to file a lawsuit. Learn more about deadlines.
What if the insurance company offers me a low settlement?
Never accept an initial offer without review. Most first offers are below fair value. Let an attorney negotiate on your behalf.
How do I negotiate a cash settlement with an insurance company?
Gather documentation, don’t rush, and stay firm on your actual damages. Consult with a Dyer, IN injury attorney for professional negotiation support.
Can I negotiate reimbursement rates with insurance companies for my medical bills?
Yes. Use your policy language, provide competitive data, and be prepared to appeal. A lawyer can help maximize your reimbursement.
What steps should I take if I was partially at fault for the accident?
Indiana’s comparative fault laws mean you may still be eligible for compensation, but your award will be reduced by your percentage of fault.
Why Choose Tanzillo Stassin & Babcock, P.C. in Dyer, IN
- Decades of combined experience with Indiana insurance law
- Personalized, hands-on attention to every case
- Local knowledge and strong relationships with area medical providers and courts
Contact our Dyer, IN office today for a free consultation.
Schedule Your Free Consultation
Contact our Dyer, IN office today for a free, no-obligation case evaluation.
Call 219-339-4174 to speak directly with a local attorney.
Need more information? Browse our Personal Injury FAQs or visit our blog.
The state of Indiana takes drug-related offenses very seriously. While being charged with a drug crime can turn your life upside down, it doesn’t mean you’re out of options. An experienced drug defense lawyer in Dyer, IN, will assess your case, employ the appropriate strategies, and fight for the best possible outcome.
Drug Laws in Dyer, IN
Indiana classifies controlled substances into five schedules according to abuse potential and accepted medical use. Schedule I drugs, like heroin and LSD, carry more severe punishments than Schedule V substances, which include prescription medicines such as codeine.
Penalties vary by the type and quantity of drugs involved in your case. A felony drug charge can lead to incarceration, fines, and damage to your personal and professional life.
In Indiana, probate is required when a person dies owning assets in their name alone. Probate is the legal procedure through which a deceased person’s assets are distributed according to their will or, if there is no will, state law. Here are some answers from a probate lawyer in Dyer, IN, to questions that often arise around probate.
What Does the Probate Process Involve?
The probate process is initiated by filing the will of the deceased with the local court so that the person named in the will can be appointed as the personal representative, or executor, of the estate. If no will exists, an heir can initiate probate, and Indiana law will determine how assets are distributed. The personal representative must file key documents with the court, pay the deceased’s debts out of the estate, and then distribute assets to the heirs.
Adults of all ages can benefit from creating an estate plan, especially if you have children, own property, or have health concerns. This guide from your Dyer, IN estate planning attorney explains why you need an estate plan even if you’re still a recent grad or newlywed and gives you the details you need to get started.
Importance of Estate Planning
Estate planning protects your loved ones by ensuring that the intended recipients inherit your assets. Having a plan in place can prevent property and wealth disputes between family members. If you have minor children, you establish guardians in your will who will care for them if you cannot. Estate planning can also reduce the amount of inheritance tax your loved ones will owe.
You have certain legal rights when dealing with law enforcement, even if you’ve been arrested for a suspected crime. An experienced criminal defense lawyer can help you understand and protect these rights as your case moves through the justice system.
Talking to the Police
You do not have to speak to law enforcement if you get arrested. You have the right to ask for an attorney. You also have the right to remain silent about your case. Police can use any information you give them in court.
You don’t have to answer questions about where you live, where you’re coming from, or where you’re going. You can also refuse to answer questions about your citizen status, where you were born, and how you entered the U.S. Politely tell the officer that you would like to exercise your right to remain silent. If you don’t clearly state that you’re invoking this right, they can keep asking you questions.
When you experience serious harm because of another person’s negligence, you have legal recourse to cover medical costs and related expenses. Indiana allows residents to seek personal injury damages after an auto accident, animal attack, slip and fall, dangerous product injury, or medical malpractice incident. Review this step-by-step guide to filing a lawsuit from your experienced personal injury attorney in Dyer, IN.
Develop the Complaint
The complaint is a legal document that establishes your intent to file a lawsuit. Your attorney will create this document, which must follow a specific format. The first part of the complaint identifies you, the defendant, and the appropriate court. Then, it states the facts in your case and explains why the defendant should be held legally responsible for your injuries. It also explains why the court has jurisdiction over this particular incident.
The next part of the legal complaint details the damages requested in the case. Finally, you and your attorney will both sign this document.
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